Claim No: QB-2020-001956
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
The Hon Mr Justice Martin Spencer
(1) THOMAS MUCKLE
(A protected party represented by his litigation friend the Official Solicitor)
HARNSER INNS LIMITED
BEFORE the Honourable Mr Justice Martin Spencer sitting in the Royal Courts of Justice on 30th March 2022 at a hearing held remotely by MS Teams.
UPON HEARING Leading Counsel, Elizabeth Gumbel QC for the Claimant and Brian McCluggage, Counsel for the Defendants
UPON the Second Claimant’s Application
AND UPON IT APPEARING that publication of the circumstances giving rise to this claim and any settlement arising therefrom would, absent this Order, involve unjustifiable interference with the Article 8 rights of the Second Claimant and his family
AND UPON consideration of the Second Claimant’s Article 8 right to respect for private family life and Article 10 right of freedom of expression
AND UPON IT APPEARING to the Court that it is necessary to grant this Order to prevent such unjustifiable interference with such Article 8 rights
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
IT IS ORDERED that:
1. In these proceedings the Second Claimant shall hereinafter be referred to as DXT.
2. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Second Claimant or any details leading to the identification of the Second Claimant and the Second Claimant shall be referred to in any report of the proceedings as DXT.
3. To the extent necessary to protect the Second Claimant’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
4. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may obtain a copy of a Statement of Case, Judgment or Order from the Court records only if the Statement of Case, Judgment or Order has been anonymised such that:
i. the Second Claimants is referred to in those documents only as DXT; and
ii. the address of the Second Claimant has been deleted from those documents.
5. A non-party may not inspect or obtain the copy of any document from the court file (other than this order – duly anonymised as directed) without the permission of a Master. Any application for such permission must be made on notice to the Second Claimant (the court will effect service).
6. Provided that the parties and/or their advisors do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies those people for the purposes of their continuing rights and obligations under the main settlement order in this claim and paragraphs 1 to 5 shall not apply in those respects. Such permission to extend to the limited external documentation necessary for the Defendant to fulfil their legal obligations in discharging the Claimants’ respective CRU certificates and fulfilling their reporting requirements to their reinsurers or otherwise as required by law.
7. A non-party may apply to set aside or vary this order.
8. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Second Claimants shall be referred to as DXT.
Dated 30th March 2022